If you are tired of being treated like a number, call The Law Offices of Melissa A. Day at (716) 616-0111
By Reserved Decision, the presiding Worker’s Compensation Law Judge in the Watertown, NY hearing location found that no employer-employee relationship existed between the claimant and our client, or another individual who owns the property where the alleged injury...
NEW PROCEDURE FOR RECOUPING OVERPAYMENTS AND EDI On 6/10/20, the board published proposed changes to 12 NYCRR 300.22 and 300.23, “to reflect updates to the eClaims process that incorporate EDI version 3.1.” The proposed changes address the procedure following a...
Buffalo Business First Leadership Trust is an Invitation-Only Community for Top Business Decision Makers in the Buffalo Niagara area. Amherst, New York, July 29, 2019 — Melissa A. Day, Owner and Managing Attorney of The Law Offices of Melissa A. Day, PLLC, has been...
Amendments to law in 2017, which relieved a PPD claimant from demonstrating LMA after classification are retroactive if the employee is found attached at the time permanency is established, applies retroactively to a claimant classified with a PPD prior to the...
In Stone v. Saulsbury/Federal Signal, the carrier argued that upon the claimant’s release from prison following conviction of unlawful manufacture of methamphetamine that the claimant violated WCL §114 – a by failing to report his illegal work activities. The judge...
It must have been 12th grade where I first became acquainted with incontinence. And no, it was through studying Dante’s Inferno and not some kind of bathroom emergency; back in the day, incontinence used to refer to the inability to control one’s self. A lack of...
I made the mistake of seeing Avengers Endgame twice in a week before doing a major memo involving an LWEC determination (spoiler alert) and had a crazy idea to first map and then analyze the decisional framework that is LWEC. The entire point of stare decisis is so...
The New York State Workers Compensation Board issued updated Workers Compensation Guidelines for Determining Impairment on November 22, 2017. The Board also issued Schedule Loss of Use Frequently Asked Questions on 10/04/18 which can be found on the NYS Workers...
On November 23, 2018, Clarissa M. Rodriguez, Chair of the WCB issued Subject 046-1119, https://getmad.today/wp-contentwww.wcb.ny.gov/content/main/SubjectNos/sn046_1119.jsp, touting the Board’s dubious accomplishment in having reduced the appeals inventory to 3,297...
On May 23, 2018 in the published New York State Register, the Workers’ Compensation Board submitted proposed changes to Section 302-1.6 of 12 NYCRR in an effort to try and expand its legal internship program. The purpose of these changes is to allow for a more...
Shannan M. Mackey, Associate Attorney 10/17/2022 Did you follow all the rules to use a diagnostic network [where the claimant and provider ignored the notice] and the Board nevertheless issued a Proposed Decision saying to pay your diagnostic fees at the network rate?...
Neil A. Diegelman, Associate Attorney 10/20/2022 When a claimant is working and collecting worker’s compensation indemnity benefits and does not disclose to anyone that they are working, they have likely committed fraud. In a recent case LOMAD was handling, a claimant...
Brian K. Prince, Associate Attorney 10/14/2022 Who says that, other than a disallowance, a §32 is the only way to truly close a case? It’s not often that the overlap of two obscure sections of the Workers’ Compensation Law results in a full and final closure on a...
“[T]he doctrine of laches is applicable in workers' compensation proceedings when the remedy is equitable in nature.” Matter of Schroeter v Grand Hyatt Hotel, 262 AD2d 725 [3d Dept. 1999]. Apportionment is not an equitable remedy, and thus the doctrine of laches does...